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Attorney for Harvey Updyke says client is indigent; no ruling yet on restitution

This June 20, 2012, file photo shows Harvey Updyke arriving to court as jury selection continues in his trial at the Lee County Justice Center in Opelika, Ala. A judge has revoked the bond of Updyke, an Alabama fan charged with poisoning Auburn University's landmark oak trees in a fit of football rivalry. Updyke was taken into custody following a brief court hearing Thursday, Sept. 27, 2012, in Lee County.

AP Photo/Opelika-Auburn News, Vasha Hunt, Pool, File

By Bob JohnsonThe Associated Press

Published: Thursday, September 19, 2013 at 3:30 a.m.

Last Modified: Thursday, September 19, 2013 at 12:37 a.m.

WETUMPKA | Auburn University officials have testified about the hundreds of thousands of dollars they say the school has spent because of the poisoning of the oak trees at Toomer's Corner.

The testimony came during a hearing Wednesday before Lee County Circuit Judge Jacob Walker to determine how much restitution Harvey Updyke should pay for poisoning the famous oak trees.

Walker did not rule and gave attorneys 30 days to submit briefs.

Updyke pleaded guilty in March to one count of unlawful damage to the trees by poisoning them after the 2010 Alabama-Auburn game. The trees were cut down April 23 and Updyke was released from jail June 10.

The state has asked for $1.35 million in restitution.

Updyke's attorney, Andrew Stanley, said his client is indigent, only has $630 to his name and doesn't have a job.

"He's been indigent from day one," Stanley said.

Lee County District Attorney Robbie Treese said the state needs a ruling ordering Updyke to pay the restitution.

Treese said the state would be able to collect if the 64-year-old Updyke "wins the lottery."

Much of the hearing consisted of Treese calling witnesses from Auburn University, who testified about the different ways the poisoning of the trees has cost the university.

Witnesses said the cost has been more than what it would cost to replace the trees.

Keever said the cost may change as work continues. The cost includes landscape costs for the design concept for the new Toomer's Corner, which includes a cable system for fans to roll with toilet paper rather than the trees.

Horticulture professor Gary Keever testified that the university has been working to recoup some of the cost by selling souvenirs of the trees. He said $239,000 has been made by selling seedlings from the trees.

"There are various fund raising efforts going on to market the wood." Keever said,

The hearing Wednesday was in Wetumpka because all proceeding in the case were moved to Elmore County.

<p>WETUMPKA | Auburn University officials have testified about the hundreds of thousands of dollars they say the school has spent because of the poisoning of the oak trees at Toomer's Corner.</p><p>The testimony came during a hearing Wednesday before Lee County Circuit Judge Jacob Walker to determine how much restitution Harvey Updyke should pay for poisoning the famous oak trees.</p><p>Walker did not rule and gave attorneys 30 days to submit briefs.</p><p>Updyke pleaded guilty in March to one count of unlawful damage to the trees by poisoning them after the 2010 Alabama-Auburn game. The trees were cut down April 23 and Updyke was released from jail June 10.</p><p>The state has asked for $1.35 million in restitution.</p><p>Updyke's attorney, Andrew Stanley, said his client is indigent, only has $630 to his name and doesn't have a job.</p><p>"He's been indigent from day one," Stanley said.</p><p>Lee County District Attorney Robbie Treese said the state needs a ruling ordering Updyke to pay the restitution.</p><p>Treese said the state would be able to collect if the 64-year-old Updyke "wins the lottery."</p><p>Much of the hearing consisted of Treese calling witnesses from Auburn University, who testified about the different ways the poisoning of the trees has cost the university.</p><p>Witnesses said the cost has been more than what it would cost to replace the trees.</p><p>Keever said the cost may change as work continues. The cost includes landscape costs for the design concept for the new Toomer's Corner, which includes a cable system for fans to roll with toilet paper rather than the trees.</p><p>Horticulture professor Gary Keever testified that the university has been working to recoup some of the cost by selling souvenirs of the trees. He said $239,000 has been made by selling seedlings from the trees.</p><p>"There are various fund raising efforts going on to market the wood." Keever said,</p><p>The hearing Wednesday was in Wetumpka because all proceeding in the case were moved to Elmore County.</p>